David Greene

David Greene

Civil Liberties Director

David Greene, Senior Staff Attorney and Civil Liberties Director, has significant experience litigating First Amendment issues in state and federal trial and appellate courts and is one of the country's leading advocates for and commentators on freedom of expression in the arts. David was a founding member, with David Sobel and Shari Steele, of the Internet Free Expression Alliance, and currently serves on the Northern California Society for Professional Journalists Freedom of Information Committee, the steering committee of the Free Expression Network, the governing committee of the ABA Forum on Communications Law, and on advisory boards for several arts and free speech organizations across the country. David is also an adjunct professor at the University of San Francisco School of Law, where he teaches classes in First Amendment and media law and an instructor in the journalism department at San Francisco State University. He has written and lectured extensively on many areas of First Amendment Law, including as a contributor to the International Encyclopedia of Censorship. Before joining EFF, David was for twelve years the Executive Director and Lead Staff Counsel for First Amendment Project, where he worked with EFF on numerous cases including Bunner v. DVDCCA. David also previously served as program director of the National Campaign for Freedom of Expression where he was the principal contributor and general editor of the NCFE Quarterly and the principal author of the NCFE Handbook to Understanding, Preparing for and Responding to Challenges to your Freedom of Artistic Expression. He also practiced with the firms Bryan Cave LLP and Hancock, Rothert & Bunshoft. He is a 1991 graduate of Duke University School of Law.

David's work has been recognized by California Lawyer magazine as a 2013 California Lawyer Attorney of the Year, and by the SPJ Northern California as the recipient of its 2007 James Madison Freedom of information Award for Legal Counsel. He was also awarded The Hon. Ira A. Brown Adjunct Faculty Award by USF Law School in 2012.

Deeplinks Posts by David

EFF continues our fight to have the U.S. courts protect you from mass government surveillance. Today in our landmark Jewel v. NSA case, we filed our opening brief in the Ninth Circuit Court of Appeals, asserting that the courts don’t have to turn a blind eye to the...

The century-old tradition that the Espionage Act not be used against journalistic activities has now been broken. Seventeen new charges were filed yesterday against Wikileaks founder Julian Assange. These new charges make clear that he is being prosecuted for basic journalistic tasks, including being openly available to receive...

When social media platforms enforce their content moderation rules unfairly, it affects everyone’s ability to speak out online. Unfair and inconsistent online censorship magnifies existing power imbalances, giving people who already have the least power in society fewer places where they are allowed a voice online.President Donald Trump...

With measles cases on the rise for the first time in decades and anti-vaccine (or “anti-vax”) memes spreading like wildfire on social media, a number of companies—including Facebook, Pinterest, YouTube, Instagram, and GoFundMe—recently banned anti-vax posts. But censorship cannot be the only answer to disinformation online...

Members of Congress are fond of wrongly calling Section 230 (47 U.S.C. § 230) a “big tech company” immunity, implying that it doesn’t protect anyone else. And they are not alone in this mistake. We frequently hear the same mischaracterization from friends in academia and legacy news media. The characterization...

No excuse is needed to celebrate the civil rights icon Rev. Fred Shuttlesworth. But this weekend is an especially appropriate time to recognize his contributions to First Amendment jurisprudence, and the inextricable link between modern free speech law and the civil rights movement of the 1950s and 1960s. This link...

Due to an editing error, a draft version of this article was published prematurely. Internet websites and forums are continuing to censor speech with adult content on their platforms to avoid running afoul of the new anti-sex trafficking law FOSTA. The measure’s vague, ambiguous language and stiff criminal and...

Social media platforms such as Facebook and Twitter provide an opportunity for everyone to have a voice on the Internet, to communicate with friends, post their views, and comment on movies or the president. However, the fact that they provide a broad, open platform for speech doesn’t automatically mean they...

California is still trying to gag websites from sharing true, publicly available, newsworthy information about actors. While this effort is aimed at the admirable goal of fighting age discrimination in Hollywood, the law unconstitutionally punishes publishers of truthful, newsworthy information and denies the public important information it needs to fully...

We’ve taken Internet service companies and platforms like Facebook, Twitter, and YouTube to task for bad content moderation practices that remove speech and silence voices that deserve to be heard. We’ve catalogued their awful decisions. We’ve written about their ambiguous policies, inconsistent enforcement, and failure...